130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
Legislative Document No. 1398
H.P. 1032 House of Representatives, April 7, 2021
An Act To Change Driver's License Requirements for Obstructive
Sleep Apnea
Received by the Clerk of the House on April 5, 2021. Referred to the Committee on
Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative WADSWORTH of Hiram. (BY REQUEST)
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 29-A MRSA §1261 is enacted to read:
3 §1261. Obstructive sleep apnea
4 The Secretary of State may not refuse to issue, refuse to renew or suspend a Class C
5 license for the medical reason of obstructive sleep apnea, including because the applicant
6 or holder is nonresponsive or nonadherent to sleep apnea therapy, if the applicant or holder
7 does not have:
8 1. History. A history of falling asleep while driving;
9 2. Recorded accident. A recorded accident or near miss caused by excessive
10 drowsiness; or
11 3. Traffic violation. A traffic violation caused by excessive drowsiness.
12 SUMMARY
13 This bill prohibits the Secretary of State from refusing to issue, refusing to renew or
14 suspending a Class C driver's license for the medical reason of obstructive sleep apnea,
15 including because the applicant or holder is nonresponsive or nonadherent to sleep apnea
16 therapy, if the applicant or holder does not have a history of falling asleep while driving, a
17 recorded accident or a near miss caused by excessive drowsiness or a traffic violation
18 caused by excessive drowsiness.
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